|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to consumer protection|
|Jan 15, 2019||referred to consumer protection|
senate Bill S1711
Current Bill Status - In Senate Committee Consumer Protection Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1711 (ACTIVE) - Details
S1711 (ACTIVE) - Summary
Mandates that any article of merchandise advertised, and not available throughout advertised period, must be supplied at advertised price by seller within sixty days from the date the purchaser of such article is notified of its availability; specifies terms of raincheck and limited exceptions.
S1711 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1711 SPONSOR: CARLUCCI TITLE OF BILL: An act to amend the general business law, in relation to availability for sale of advertised merchandise PURPOSE OR GENERAL IDEA OF BILL: This legislation relates to the availability of merchandise at a price lower than it is normally sold for, and outlines a detailed policy in relation to rain-checks. SUMMARY OF PROVISIONS: Section 1. The General Business Law is amended by adding a new section 397-b. § 397-b. Availability for sale of advertised merchandise. 1. Retailers who advertises merchandise at a reduced price, and do not have the item available during the advertised period, must by the request of a purchaser, offer to issue a rain-check. A few exceptions do apply. 2.
S1711 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 1711 A. 1498 2019-2020 Regular Sessions S E N A T E - A S S E M B L Y January 15, 2019 ___________ IN SENATE -- Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection IN ASSEMBLY -- Introduced by M. of A. GALEF, L. ROSENTHAL, ENGLEBRIGHT, WEPRIN, SEAWRIGHT -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to availability for sale of advertised merchandise THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 397-b to read as follows: § 397-B. AVAILABILITY FOR SALE OF ADVERTISED MERCHANDISE. 1. A RETAILER WHO ADVERTISES AN ARTICLE OF MERCHANDISE FOR SALE AT A PRICE WHICH IS REDUCED, IN GOOD FAITH, TO A PRICE BELOW THE PRICE SUCH ARTI- CLES ARE USUALLY SOLD OR OFFERED FOR SALE FOR IN THE STORE, AND DOES NOT HAVE SUCH ARTICLE AVAILABLE THROUGHOUT THE ADVERTISED PERIOD SHALL, ON THE REQUEST OF A PURCHASER OF SUCH ARTICLE, OFFER TO ISSUE A RAINCHECK UNLESS ONE OR MORE OF THE FOLLOWING SITUATIONS EXISTS: (A) THE ADVERTISEMENT IS MADE IN RELATION TO MAIL ORDER MERCHANDISE AS REGULATED BY SECTION THREE HUNDRED NINETY-SIX-M OF THIS ARTICLE. (B) THE ADVERTISEMENT IS OF AN ARTICLE THAT IS ONE OF A KIND AND THE ADVERTISEMENT CLEARLY AND CONSPICUOUSLY STATES SUCH FACT. (C) THE ADVERTISEMENT CLEARLY AND CONSPICUOUSLY STATES THE SPECIFIC QUANTITY OF THE ARTICLE AVAILABLE AT THE OUTSET OF THE SALE. (D) THE ADVERTISEMENT CLEARLY AND CONSPICUOUSLY STATES THAT A RAIN- CHECK IS NOT AVAILABLE. THIS EXCLUSION MAY ONLY BE USED IF THE ARTICLE WILL NOT BE OFFERED FOR SALE FOR AT LEAST ONE HUNDRED TWENTY DAYS FROM THE EXPIRATION DATE OF THE ADVERTISEMENT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00229-01-9
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